Al Jazeera Documentary Rekindles Debate Over Digital Surveillance in Kenya

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NAIROBI, Kenya — A new documentary by Al Jazeera has reignited debate over digital privacy and state surveillance in Kenya, raising concerns about the growing use of mobile phone data and digital monitoring tools during protests and criminal investigations.

The documentary, titled ‘How surveillance tools in Kenya are being turned on ordinary citizens‘, examines how security agencies allegedly used digital surveillance technologies during the 2024 youth-led anti-government protests.

Protest Movement Marked Turning Point

According to the documentary, the Gen Z-led demonstrations represented a major shift in Kenya’s protest culture because they were decentralised and largely organised online rather than through traditional political structures.

Lawyer and privacy expert Victor Ndede said the protests triggered an escalation in digital surveillance practices by the state.

“The Kenyan state has evolved rapidly when it comes to the digitisation of state security. We have moved from what was previously targeted surveillance to indiscriminate mass surveillance,” Ndede said in the documentary.

The report alleges that security agencies relied heavily on mobile phone tracking, geolocation data, social media monitoring, and IP address tracing to identify and monitor protesters.

Claims of Digital Tracking and Monitoring

The documentary suggests authorities used digital tools to trace the movements, communications, and online activity of individuals involved in mobilising demonstrations.

Nanjala Nyabola argued that authorities were unprepared for the scale and speed of mobilisation and responded by increasing surveillance.

“They didn’t expect this size of protest this quickly, this decentralised, and the response to that, therefore, is to fall back on the mechanisms that they do have to be able to control, to police, to intimidate, which is surveillance,” she said.

Concerns Over Abductions and Data Access

The documentary also linked digital surveillance to alleged abductions reported during the protest period.

Investigative journalist Thomas Mukhwana claimed activists and online users were traced through their mobile phones and telecommunications data before arrests or disappearances.

“Someone hacks your phone when you’re brought into a police station, or someone taps your phone, or somebody finds your data through a telecommunications company to know your movements,” he said.

According to the documentary, about 82 abductions were recorded in the months leading to December 2024, although the government has consistently denied involvement.

Safaricom Data-Sharing Claims Raised

The report also raised questions about the role of Safaricom in providing user data to law enforcement agencies.

It cited the case of university student David Mokaya, who faced charges after sharing an AI-generated image depicting President William Ruto in a coffin.

During court proceedings, a Safaricom police liaison officer reportedly testified about providing location, identity, and communication data connected to Mokaya.

Lawyers later questioned whether the information had been shared without a court order, raising concerns about compliance with privacy and data protection laws.

Mokaya was eventually acquitted.

Growing Debate Over Privacy and Democracy

The documentary comes amid growing scrutiny of surveillance systems across Africa, including expanded use of CCTV networks, facial recognition technology, and biometric databases.

A March report cited by Al Jazeera stated that 11 African countries, including Kenya, have collectively spent more than USD 2 billion on surveillance infrastructure.

While governments argue such systems are necessary for national security and crime prevention, critics warn they could erode civil liberties and democratic freedoms.

“Privacy is a foundational and important right in the context of a democracy,” Ndede said.

“Once self-censorship happens, then free expression collapses, and once free expression collapses, then democracy collapses.”

Nyabola added that democratic participation depends heavily on the existence of private spaces for communication and political organisation, warning that increased surveillance threatens those freedoms.

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